MODIFICATION

MODIFICATION OF CHILD SUPPORT AND CONSERVATORSHIP

All orders concerning the children are modifiable in the future. Either parent can petition the Court to change conservatorship, periods of possession, or child support at any time until the child is emancipated. There are a variety of situations that will result in a change in the amount of child support due, and you should consult with an attorney if such a change is going to be requested.

The burden of proof is different in each case, and sometimes that burden is very onerous. You should not enter into an agreement based on the assumption that it can always be modified later.You also should not enter into an agreement that you will pay no or a minimal amount of child support based on the assumption that a request for full child support will not be made later.

CAUTION: Informal agreements between the parties are not binding on the Court. If you rely on the agreement of your former spouse that you can pay a lesser amount of child support, you are likely to find yourself in contempt of court, as you have violated the Court's Order. If your former spouse agrees to give you primary possession of the children, and then demands return of the children several days later, you have no enforceable right to retain possession. If such agreements are reached, contact an attorney to have them reduced to the form of a court order.

If you have a question regarding modification of existing orders, contact Tom Skowronek to arrange a meeting to discuss.